FOIA Advisor

Court opinions issued Dec. 6, 2024

Court Opinions (2024)Allan BlutsteinComment

Pub. Health & Med, Professionals for Transparency v. FDA (N.D. Tex.) -- denying FDA’s summary judgment motion after concluding that the agency’s search for records pertaining to Pfizer’s Covid-19 vaccine improperly omitted the agency’s Emergency Use Authorization file.

Intercept Media v. Nat’l Parks Serv. (S.D.N.Y.) -- determining that: (1) agency’s investigation into whether an employee wrongfully killed a gray wolf qualified as “law enforcement” for Exemption 7 purposes, because the results of the investigation could have resulted in criminal liability; (2)(a) subject of investigation had no privacy interest in the details about the incident he disclosed to the media; (b) despite subject’s low rank, public interest in disclosure outweighed subject’s limited privacy interest in non-public investigatory details; (3) agency properly withheld identifying information about third parties, such as the complainant, witnesses, suspected co-conspirators, and other third parties, pursuant to Exemption 7(C); and (4) based on court’s in camera review of disputed records, agency was required to segregate and disclose non-identifying information pertaining to third parties.

Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.